New Mexico Statutes 28-23-6. Enforcement; penalties; remedies
A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of:
Terms Used In New Mexico Statutes 28-23-6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(1) the affected employee’s unpaid wages and the damages from retaliation; (2) all other actual damages; and
(3) treble damages.
B. The court may, in its sound discretion, not award treble damages or award any amount thereof not to exceed the amount specified in this section if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that the employer’s act or omission was not a violation of the Fair Pay for Women Act.
C. An employer who violates a provision of the Fair Pay for Women Act may also be liable to the employee for punitive damages.
D. Recovery of unpaid wages is limited to six years prior to the date of the last violation of the Fair Pay for Women Act.